Auto Insurance Claims: Diminished Resale and Trade In Value, third party liability, small claims court


Question
In July of 2009 my husband was involved in an accident which was not his fault.  The retail value of his vehicle at the time as $15,500.  The repairs were approximately $10,000.  The vehicle was repaired, yet, with the accident listed, we have been told by 2 dealers and an appraisor the resale or trade in value will be reduced by $4,500.  We had a company try and settle with the insurance company but they will only offer $300.  Do we have any other means, other than an attorney on this, and what is our odds of collecting?

Answer
A third party liability carrier that insures the at-fault party has no legal duty to you. Their policyholder, on the other hand, does. That is where you apply pressure. Send the person a certified letter demanding that they compensate you for the loss of value, or you will take legal action against them personally. Send a copy of this letter to their insurance company.

If you don't have better results doing that, file suit against the at fault party in small claims court where you don't need an attorney to bring the action. Their insurer will be forced to defend them and hire an attorney to represent them in court, which only will add to the costs of settling the claim.